1.1 These terms and conditions (“Terms and Conditions”) contain information about HomeX Online Services Company W.L.L. (defined below as "HomeX” and also referred to hereinafter as “we”, “us”, “our” or “ours”, as the context requires) and form the legal agreement between you and us for the use of the Customer App. Please read this document carefully and review it regularly as we may update and amend these Terms and Conditions from time to time without prior notice.
2 HOW THE SERVICE WORKS
2.1 HomeX provides mobile applications technology that connects customers (“you” or “Customer”) who require home services to be performed, with service providers who are willing to perform those Jobs (“Service Providers”).
2.2 You connect with Service Providers by booking Jobs on the Customer App which are then assigned to Service Providers via the Service Provider App who operate in your geographical area and whose services match your requirements.
2.3 Once an Emergency Job has been confirmed, you must pay for the minimum charge for job in full in advance via the payment gateway provided in the Customer App. Any Additional Work requested by you which is required to complete the job must be paid by you to the Service Provider in cash upon the Service Provider’s request which in most cases will be upon completion of the Job.
2.4 Once a Job with a preset rate has been confirmed, you may pay for it in full in advance via the payment gateway provided in the HomeX app, or alternatively you may choose to pay for it in cash directly to the Service Provider upon their arrival to perform the Job. Any Additional Work requested by you which is required to complete the job must be paid by you to the Service Provider in cash upon the Service Provider’s request which in most cases will be upon completion of the Job.
2.5 In inspection-based jobs, once the Service Provider’s quotation has been accepted, you may pay for the Job in full via the payment gateway provided on the HomeX app, or alternatively you may choose to pay for it in cash directly to the Service Provider upon completion of the Job or upon the Service Provider’s request based on the payment terms stated in the uploaded quote that has been confirmed and accepted by you. Any Additional Work requested by you shall be paid in cash by you to the Service Provider upon the Service Provider’s request or upon completion of the job.
2.6 HomeX takes a commission fee chargeable only to the Service Provider (which is deducted from such payment) for: (i) introducing the parties; (ii) vetting and maintaining a network of reputable and competent Service Providers; and (iii) maintaining and developing the marketplace technology/platform.
2.7 HomeX is not an employer of Service Providers or contracting agency and operates purely as a facilitator of the service transaction between you and the Service Provider by operating the Customer App and the Service Provider App.
2.8 No contract exists between HomeX and you for the fulfilment of the Jobs and HomeX has no control over the conduct of Service Providers nor the satisfactory completion of a Job, which is solely determined between the parties.
2.9 You acknowledge that when you book a Job on the Customer App you will be entering into a direct contract with the Service Provider. The terms of the contract entered into are set out below. However, the Customer and Service Provider are free to alter or modify such terms as they wish by mutual, express agreement. HomeX is not a party to agreements entered into between you and the Service Providers.
2.10 It is a condition of use of the Customer App that you acknowledge you have complete control over your own conduct and the outcome of the Jobs and HomeX disclaims all liability in this regard.
3.1 In this Agreement, the following terms shall have the following meanings prescribed to them:
“Account” means your account with HomeX which is created by registering and providing certain mandatory details during the registration process. “Additional Payment” means payment due to the Service Provider in respect of Additional Works and/or Costs and Expenses “Additional Services” means other services separate from, and other than those required to complete the Job. “Additional Work” means work the Service Provider deems necessary in order to perform the Job but which goes beyond the scope of the original Job booked on the Customer App. “HomeX” means HomeX Online Services Company W.L.L., a company incorporated in the Kingdom of Bahrain with Commercial Registration Number 113139-1 with registered address Flat 56, Building 962, Road 1812, Block 318, Manama, Kingdom of Bahrain. “Costs and Expenses” means costs and expenses incurred by a Service Provider in acquiring materials, parts and/or, supplies (but for the avoidance of doubt not tools) that are, in the opinion of the Service Provider, necessary for completion of the Job but which are not included in the fee stated in the Customer App when booking the Job. “Customer App” means any website or mobile application or other interface which is:
a. owned by HomeX (including but not limited to www.homexapp.com
b. operated on a white label basis by HomeX; or
c. powered or maintained by HomeX,
(each as modified and/or updated by us from time to time) for the purpose of enabling you to book Jobs and connect with Service Providers. “Favourite Provider” means a service provider that is tagged as a favourite by the Customer. “Dispute” means a disagreement between you and a Service Provider that a Job has not been satisfactorily described or completed. “Future Job” means any Job booked that is scheduled for a future date. “Job” means the work requested by you on the Customer App. “Emergency Job” means a Job to be completed as soon as possible on the day it is booked on the Customer App. “Item-based Job” means services where prices are preset and unified between all Service Providers and will appear on the Customer App before confirmation of a Job by the Customer. “Inspection-based Job” means services where the Service Provider would require a site visit to assess the full scope of the work to be undertaken and to quote for the Job. “Parties” means collectively you and the Service Provider. “Payment Service” means any third-party payment providers. “Premises” means your premises where the Job is being fulfilled. “Service Provider App” means any website or mobile application or other interface which is:
a. owned by HomeX
b. operated on a white label basis by HomeX; or
c.powered or maintained by HomeX,
(each as modified and/or updated by us from time to time) for the purpose of enabling Service Providers to connect with Customers and be notified of, and accept, Jobs booked by Customers “Tax” means any and all statutory deductions due as a result of the financial transaction between a Service Provider and a Customer.
3.2 Defined terms will have the same meaning if they appear in the singular, plural, masculine or feminine or as the context requires
3.3 Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms and Conditions.
4 USE OF THE CUSTOMER APP
4.1 A core purpose of the Customer App is to enable you to book Jobs and to connect you with suitably qualified Service Providers to carry out those Jobs. The Customer App is not for use by anyone who does not intend to browse through Services and book a Job. You therefore agree that you will not in any circumstance use the Customer App for any purpose other than book a Job or browse through Services in good faith for the purpose of booking a Job then or at some point in the future.
4.2 We make no warranty that any part of the Customer App will operate uninterrupted or error free and we accept no liability for loss or damage caused from any interruption or error in any part of the Customer App.
As a Customer using the Customer App you:
4.3.1 must be 18 years old or older; and
4.3.2 you agree:
a. to register and create an Account and utilize our Customer App for your personal or business use only;
b. not to authorize others to use your Account and you may not assign or transfer your Account to any other person or entity;
c. to register only one Account per person; and
d. to be responsible for keeping any registration details confidential (including your password).
4.4 The Customer App is intended to be used in the Kingdom of Bahrain only and as a Customer you may only book Jobs that are to be completed within the Kingdom of Bahrain.
4.5 We reserve the right to:
4.5.1 refuse to provide access to the Customer App to any individual, business or other entity at any time without explanation, consequence or liability; and
4.5.2 remove a service from the Customer App with no obligation to give advance notice, and HomeX shall not be liable for losses, costs or expenses arising from any such refusal or removal.
4.6 You assume all risk when using the Customer App, including but not limited to, any risks associated with interacting with other people. You acknowledge that HomeX is not able to guarantee the accuracy of information provided to you by other people and that you should confirm such information to your own satisfaction before you engage with them.
4.7 Whilst HomeX takes reasonable care in screening Service Providers, you are solely responsible for taking appropriate safety precautions in connection with your use of the Customer App and the engagement of a Service Provider. You agree not to use the Customer App in any unlawful manner and in particular you shall not:
4.7.1 defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (including rights of privacy and publicity) of others;
4.7.2 publish, book, upload, distribute or disseminate (“Post”) any inappropriate, defamatory, abusive, infringing, obscene, discriminatory or otherwise unlawful material;
4.7.3 post any material that infringes any patent, trademark, copyright, trade secret or other proprietary right of any person;
4.7.4 cause the Customer App or any part of it to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Customer App is in any way impaired; or
4.7.5 restrict or inhibit any other user from using and enjoying the Customer App.
4.8 Whilst we take steps to prevent misuse of our systems, we cannot warrant that the Customer App will be free of viruses or other malicious code or content and accept no liability for loss or damage caused from the transmission of such content or code.
5 SETTING UP AN ACCOUNT AND REGISTERING FOR THE APP
5.1 In order to book a Job you must be registered as a Customer though the Customer App which is available for free download from iOS App Store / Android Play Store, accessible via the HomeX website (www.homexapp.com) or through certain Homex partners’ websites.
5.2 When completing the registration process, you will be required to provide details including but not limited to your full name, email address and telephone number.
5.3 You warrant that the information you provide during the registration process and when using the Customer App is true, that it relates to you and is entirely accurate.
6 BOOKING JOBS
6.1 You can use our Customer App to book a Job. Service rates will be calculated on a minimum charge, per hour, or per Job basis as specified in the Job booking process. Each Job has a minimum price and it is your responsibility to check this price before booking.
6.2 When booking a Job, you will ensure that you give full and complete information regarding the work to be undertaken together with details of the history of items to be dealt with by the Service Provider (including details of breakdowns and faults) and relevant information about the Premises.
6.3 Service Providers are for the most part expected to supply and use their own tools and equipment. Customers however are expected to supply the Service Providers offering a cleaning service with a mop and vacuum cleaner and other reasonable arrangements can be made for other trades.
6.4 At the time you book a Job on the Customer App we will:
6.4.1 charge the full amount via the payment gateway provided on the HomeX app; or
6.4.2 if the cash payment method is selected, advise the Service Provider to commence the requested job, be it a job requiring a site visit or not.
6.5 HomeX reserves the right not to accept certain payment methods
7 CARRYING OUT JOBS
7.1 HomeX will make suitable Service Providers in your geographical area aware of the Job you booked together with details of your requested date and time for it to be carried out. Your contact details will be kept confidential until a Service Provider accepts your Job or is required to conduct a site visit to assess the Job.
7.2 A Service Provider may accept or reject the Job and we do not guarantee that you will receive a response to a Job request or that responses will meet the requirements you have specified. We will notify you if there are no suitable Service Providers operating in your area who are able to carry out your Job. At the point a Service Provider accepts the Job, your information (including name and details of the Premises) will be provided to them.
7.3.1 Emergency jobs, the first Service Provider to respond to the job booking will be assigned to the Job and will rush to your location and you will both be able to communicate with each other via the Customer App; and
7.3.2 Future jobs you request a booking time or booking window that works for you. HomeX and the Service Provider each reserve the right to offer alternative dates and time slots if the Service Provider is unable to comply with the original requirements of your Job.
7.3.3 The provision of any Job at an earlier time than was available on the Customer App when booking a Job shall be subject to availability and may be agreed between you and the Service Provider.
7.4 HomeX shall have no liability in the event that a Service Provider who accepted the Job is unable or unwilling to fulfil the Job at the requested time.
7.5 In the event that:
7.5.1 You do not give full and complete information at the time of booking a Job or the Service Provider is reasonably unable to assess the Job requirements remotely, then the Service Provider may, on arrival at the Premises, deem that Additional Work is required in order for the Job to be completed. In these circumstances the Customer and Service Provider shall agree the scope of, and fee for, such Additional Work before any work to perform the Job is commenced; or
7.5.2 A Service Provider incurs additional Costs and Expenses they will agree these with you in advance and you shall be liable to pay for such Costs and Expenses in cash to the Service Provider upon submission of a request for payment by the Service Provider.
7.6 Additional Payments are to be made in cash to the Service Provider.
7.7 If, once the Service Provider arrives at your premises, you require Additional Services to be provided these must be requested via a new Job booking on the Customer App. A possible scenario of this would be in case the Customer makes an inspection-based Job request where a repair Job is requested, but upon inspection of the job by the Service Provider it becomes clear that the requirement would be a replacement, manufacturing, supply and installation Job, the Service Provider must inform the Customer of the actual Job requirement and the Customer must cancel the Job and make a new Job request. The same applies to Jobs where the Customer requests a replacement, manufacturing, supply and installation Job, but upon the inspection it becomes clear that the requirement would be a repair Job.
7.8 If a Service Provider carries out a Job for you that you were satisfied with, you will have the option of adding that Service Provider as a Favourite Provider and in this case that Service Provider will be the first to the receive any Job request from you in relation to the service that you requested at the time you added them as a favourite. Should your Favourite Provider be unavailable for your Job and does not mark his interest in undertaking the Job within a period of 30 minutes from the time you confirmed your Job request, your Job request will be forwarded to the other available Service Providers that can perform the same service you requested.
7.9 You are advised to request sight of evidence of applicable trade accreditations, qualifications, registrations and proof of identification from the Service Provider prior to any work commencing at your Premises. Service Providers must agree to comply with any accreditation, registration, certification, qualification, experience or reasonable suitability evidence request submitted by you.
7.10 You agree to treat the Service Provider with respect whilst completing the Job and be polite and courteous in your dealings with them.
7.11 You agree to move all furniture and items to enable the Service Provider to have clear access to the Premises and for carrying out the Job.
8 CANCELLING JOBS
8.1 You may cancel:
8.1.1 an Emergency Job via the Customer App within 10 minutes of booking the Job without charge.
8.1.2 a Future item-based Job via the Customer App no less than 24 hours prior to the date on which a Job is scheduled to be commenced; and
8.1.3 a Future inspection-based Job via the Customer App at any time prior to confirmation of the job booking.
8.2 However, you may not cancel:
8.2.1 a Future inspection-based Job after confirmation of the Job booking and assigning the Job to a Service Provider.
8.2.2 a Job where at your express request, it has begun to be provided. In this case both HomeX and/or the Service Provider may use any means necessary to claim and obtain the agreed service fees.
8.3 If the Service Provider arrives at the Premises and is unable to contact you or gain access to the Premises they will message and attempt to contact you for 20 minutes, after which you will be liable to pay the minimum number of hours for the Job if the Job has been paid for in advance via the app.
8.3.2 Customer accounts with serial Job cancellations may be terminated and removed from the platform at HomeX’s own discretion.
9 SERVICE AND MAINTENANCE CONTRACTS
9.1 The scope and terms and conditions of the Monthly Cleaning Contract are as follows:
9.1.1 The monthly cleaning service will be on a schedule agreed between you and the Service Provider and the scope of which will be as stipulated by you in the job request on the Customer App.
9.1.2 The Service Provider will provide professional cleaner(s) who will do the cleaning work at the location specified by you on the Customer App.
9.1.3 The cleaning service will include general cleaning of the premises as well as ironing, laundry, and interior window cleaning.
9.1.4 You will provide the basic cleaning materials, but should you require cleaning materials to be provided by the Service Provider an extra charge will applied.
9.1.5 The Service Provider will only send cleaners of the preferred gender selected by you on the Customer App.
9.1.6 The pricing for the cleaning contracts are preset but the final contract price will be determined based on your selection of how many cleaners, how many hours, and how many days per month the cleaning service is required by you.
9.1.7 Payment by you for the Monthly Cleaning Contract will be made monthly in advance. Upon completion of the first month of the Monthly Cleaning Contract, HomeX will send you a payment link that will direct you to HomeX’s online payment portal in order for you to pay and renew the contract for a further month if you so wish and this process continues on a monthly basis. No cash payments by Customers to Service Providers will be accepted for Monthly Cleaning Contracts.
9.1.8 The Service Provider shall not carry out any additional work or any changes that are not mentioned in the original agreed scope of work without first informing HomeX about such additional work or any changes to the scope of work.
9.1.9 Should you choose to cancel the Monthly Cleaning Contract, the cost for any remaining jobs for that given month will not be reimbursed to you but the Monthly Cleaning Contract will not be renewed for a further month and shall cease. Cancellation of the contract must be done by you via the Customer app or by calling HomeX’s customer care hotline.
9.2 The scope and terms and conditions of the Monthly Gardening Contract are as follows:
9.2.1 The monthly gardening service will be on a schedule agreed between you and the Service Provider and the scope of which will be as stipulated by you in the job request on the Customer App.
9.2.2 The Service Provider will provide professional gardener(s) who shall do the gardening work at the location specified by you on the Customer App.
9.2.3 The gardening service will include landscaping and irrigation maintenance for existing palm trees, trees, shrubs, ground covers, grass, supervision, labour charges, fertilizers, pesticides, fungicides, tools and machinery for the required gardening work.
9.2.4 The pricing for the gardening contracts will be determined based on your selection of how many days per month the gardening service is required by you and after the Service Provider performs an inspection of the job.
9.2.5 Payment by you for the Monthly Gardening Contract will be made monthly in advance. Upon completion of the first month of the Monthly Gardening Contract, HomeX will send you a payment link that will direct you to HomeX’s online payment portal in order for you to pay and renew the contract for a further month if they so wish and this process continues on a monthly basis. No cash payments will be accepted for Monthly Gardening Contracts.
9.2.6 The Service Provider shall not carry out any additional work or any changes that are not mentioned in the original agreed scope of work without first informing HomeX about such additional work or any changes to the scope of work.
9.2.7 Any type of the following work such as supply of plants, removal and replacement of palm trees, replacement/warranty for plants/irrigation related materials (except minor components), daily hand watering, etc are not included in the scope of work.
9.2.8 Landscaping maintenance work is based on the existing site plants quantities only, any increase in quantity will be considered as a variation.
9.2.9 The work area is limited to the existing landscape area only. Any type of cleaning, debris removal from roads, parking, and paving areas are not included in the scope of work.
9.2.10 Should you decide to cancel the Monthly Gardening Contract, the cost for any remaining jobs for that given month will not be reimbursed to you but the monthly gardening contract will not be renewed for a further month and shall cease. Cancellation of the contract must be done by you via the Customer App or by contacting HomeX’s customer care hotline.
9.3 The scope and terms and conditions of the AC Service Contracts are as follows:
9.3.1 The AC service contracts will be on a schedule agreed between you and the Service Provider and the scope of which will be as stipulated by you in the job request on the Customer App.
9.3.2 The scope of work will include wet service of units, check/clean air filters, check/clean condensate drain pan and line, checking of all operating parameters of the units and rectify/report any abnormalities, lubricate the motor bearings, check/adjust controls and thermostats, check refrigerant and oil levels, check and tighten all electrical terminations and connections, wash/clean outdoor units with high pressure service pump and air blower (for wet service only), inspect and clean the indoor evaporator and blower fan, check refrigerant circuit, check/repair/re-insulate thermal insulation on exposed refrigerant pipe works, check/adjust drier belt, check motor pully and belt alignment.
9.3.3 The pricing for the AC Service Contracts will be determined based on your selection of the types of AC units and the number of units that will be part of the scope of the job and the final quote will be determined after the Service Provider performs an inspection of the job.
9.3.4 Payment by you for the AC Service Contract will be made fully in advance. Upon completion of the period of the AC Service Contract, HomeX will send you a payment link that will direct you to HomeX’s online payment portal in order for you to pay and renew the contract for a further period if you so wish. No cash payments will be accepted for AC Service Contracts.
9.3.5 The Service Provider shall not carry out any additional work or any changes that are not mentioned in the original agreed scope of work without first informing HomeX about such additional work or any changes to the scope of work.
9.3.6 Any type of the following work shall not be part of the scope. This includes maintenance/repair of electrical power, isolating switches, wiring up to each AC unit and control wiring between indoor and outdoor units up to thermostats, all civil work, all false ceiling work, all plumbing work, provision of electricity and water for the purpose of servicing, testing and commissioning.
9.3.7 Any parts that require replacement during the maintenance period will be replaced at an additional cost after the Service Provider receives your approval and after informing HomeX about this additional work.
9.3.8 Should you decide to cancel the AC Service Contract, the cost for any remaining jobs for the remaining period will not be reimbursed to you but the AC Service Contract will not be renewed for a further period and shall cease. Cancellation of the contract must be done by you via the Customer App or by contacting HomeX’s customer care hotline.
9.4 The scope and terms and conditions of the Annual Pool Maintenance Contracts are as follows:
9.4.1 The pool maintenance contracts will be on a schedule agreed between you and the Service Provider and the scope of which will be as stipulated by you in the job request on the Customer App.
9.4.2 The scope of work will include cleaning and vacuuming the pool, cleaning pump strainers, checking PH and chlorine levels, adding required chemicals, back washing sand filter.
9.4.3 The pricing for the Pool Maintenance Contracts will be determined based on your selection of the number of days per month the service is required by you and after the Service Provider performs an inspection of the job.
9.4.4 Payment by you for the Pool Maintenance Contract will be made monthly in advance. Upon completion of the first month of the Pool Maintenance Contract, HomeX will send you a payment link that will direct you to HomeX’s online payment portal in order for you to pay and renew the contract for a further month if they so wish and this process continues on a monthly basis. No cash payments will be accepted for Pool Maintenance Contracts.
9.4.5 The Service Provider shall not carry out any additional work or any changes that are not mentioned in the original agreed scope of work without first informing HomeX about such additional work or any changes to the scope of work.
9.4.6 Any type of the following work shall not be part of the scope. This includes repairing of machinery and other accessories, electrical work, masonry work, plumbing work, etc.
9.4.7 Any parts that require replacement during the maintenance period will be replaced at an additional cost after the Service Provider receives your approval and after informing HomeX about this additional work via the Service Provider App.
9.4.8 Should you decide to cancel your Pool Maintenance Contract, the cost for any remaining jobs for that given month will not be reimbursed to you but there will be no further monthly charges for the Pool Maintenance Contract and shall cease. Cancellation of the contract must be done by you via the Customer App or by contacting HomeX’s customer care hotline.
10.1 Customers and Service Providers are encouraged to offer reviews for each other each time a Job is completed. You agree to provide a prompt review that is true and fully reflects your experience with the Service Provider with whom you have engaged. HomeX reserves the right to terminate the Account of any Customer who repeatedly receives poor reviews or posts inaccurate or unjust or defamatory reviews.
10.2 Customer reviews of Service Providers may be published on our Customer App and may be viewed and considered by other Customers.
10.3 Service Provider reviews of Customers will not be published on our Customer App nor on the Service Provider App and can only be viewed by us.
11 DISPUTES AND DISPUTE RESOLUTION
11.1 If you are not satisfied that a Service Provider has completed the Job to the performance and/or quality that you may reasonably expect, you may initiate a Dispute with the Service Provider. In order for HomeX to intervene as a mediator, this must be done within 2 days of the Job having been completed (or purported to be completed) by the Service Provider.
11.2 Subject to clause 11.4 below, HomeX will not take part in a Dispute other than as a mediator.
11.3 In the event of a Dispute the Parties hereby agree to act at all times reasonably and in good faith, to negotiate a settlement and hereby recognize that the responsibility for reaching a mutually agreed settlement lies between them. You acknowledge HomeX is entitled to provide your details to the Service Provider in order to find a resolution and may provide you with the Service Provider’s details. You agree to keep any information provided to you about the Service Provider under the terms of this Agreement confidential and only use it for the proper intended purpose.
11.4 If HomeX has been notified of the Dispute within 2 days of the Job being completed, and only if the Parties cannot reach a resolution between themselves (having used all reasonable attempts to do so), the Dispute can be escalated to HomeX by either party and we will offer a recommendation for settlement of the Dispute.
11.5 The Parties shall at all times comply with all reasonable requests from HomeX for the supply of information to support HomeX in proposing a resolution to the Dispute. The Parties are under no obligation to accept any recommendation from HomeX, unless agreed in advance.
12 LOSS OR DAMAGE ARISING FROM A JOB
12.1 If you suffer loss or damage to your Premises or your contents or to any service connected to it and attributes the loss or damage to a Service Provider, in the first instance the Parties should try to resolve who should be responsible for such loss or damage between themselves.
12.2 You agree that you will not accuse the Service Provider of damaging property which was already damaged in any way or was damaged by a third party.
12.3 HomeX takes reasonable steps to demand that Service Providers hold valid insurance for the type of work they are undertaking.
12.4 In no event shall HomeX be liable to either party for any direct, indirect, consequential, special or punitive loss arising out of the engagement by you of a Service Provider to carry out a Job and to the extent that we may be liable under these Terms and Conditions or at law. Our maximum liability shall be limited to the commission fee that we receive (and only if received) in relation to the Job to which the loss or damage relates.
12.5 Notwithstanding any other provision, nothing in these Terms and Conditions shall exclude or limit your liability for death or personal injury caused by your negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.
12.6 If you are dissatisfied with the Customer App, or these Terms and Conditions, your sole remedy shall be to discontinue use of the Customer App.
12.7 Other than as set out in this clause 12, and notwithstanding any other provision of these Terms and Conditions, we shall not be liable to you or to any third party acting on your behalf, whether in contract, tort, negligence, statutory duty, misrepresentation or otherwise, for any special, indirect or consequential loss, cost, expense, fine or damage whatsoever arising from or in any way connected with these Terms and Conditions including but not limited to loss of business, loss of profits, business interruption, loss of business information, loss of data, or any other pecuniary loss (even where we have been advised of the possibility of such loss or damage).
12.8 Without limiting the foregoing, we shall have no liability for any failure or delay resulting from any matter beyond our reasonable control.
12.9 Save as expressly set out herein, all conditions, warranties and obligations which may be implied or incorporated into these Terms and Conditions by statute, common law, or otherwise and any liabilities arising from them are hereby expressly excluded to the extent permitted by law.
12.10 Each of the provisions of this clause 12 shall be construed separately and independently of the others.
13.1 Payment for a Job is charged either in advance via the Customer App or upon the arrival of the Service Provider to perform the Job if the payment is to be made in cash. In case the customer selects the cash payment method for an inspection-based Job, the Service Provider may require an advance payment prior to the commencement of the Job. In the case you use the payment gateway provided on the Customer App to make a payment and we were unable to debit the payment from your bank account or credit/debit card, we reserve the right to retry the payment methods on your account for the full or incremental amounts until the full amount has been charged. You declare that any cash payments that are due to the Service Provider shall be settled by you without any delays.
If the Service Provider mistakenly confirms the completion of a Job on the Service Provider App, please email [email protected]
and we will remedy the action.
13.2 The minimum price or other item-based selections you have made for a Job shall be charged in full regardless of the time spent by a Service Provider. Please check that you are aware of and accept the minimum time and price for the Job before you make a booking. Subsequent hours after the minimum time will be charged on a per hour basis. HomeX reserves the right to change prices at any time.
13.3 You agree to hold sufficient funds in cash or in your bank account or credit/debit card to pay the final amount as it becomes due and will not request Job(s) unless you can pay for these. We may, at our sole discretion, not allow you to book a Job if we are outstanding the payment for a prior Job.
13.4 HomeX may use Payment Services at our complete discretion to facilitate payment card processing. HomeX will ensure that the Payment Services comply with such financial and other relevant regulations but will not be responsible for the performance of the Payment Services. HomeX does not directly hold payment card or payment information. You will not be responsible for paying the fees charged by the Payment Services.
13.5 In the event you pay the Service Provider for Additional Works and/or Costs or Expenses in cash:
13.5.1 such Additional Works and payment will only be covered by these Terms and Conditions if the Service Provider inputs such Additional Works in the Service Provider App and therefore appear in the final invoice.
14 PRIVATE ENGAGEMENT
14.2 In the event you request a Service Provider to undertake work (other than Additional Work) outside of the Customer App, HomeX:
14.2.1 reserves the right to terminate your access to the Customer App; and
14.2.2 will not be able to mediate on any disputes in respect thereof, and
14.2.3 will not be able to offer you the protection set forth in these Terms and Conditions in respect thereof.
If you engage with a Service Provider who you feel has acted in an inappropriate way towards you, including but not limited to offensive, violent or sexually inappropriate behavior you should immediately make a report to the appropriate authorities and then to HomeX at [email protected] quoting the name and location stated in the details of the Job. Your report may cause us to investigate such behavior, but we are not obligated to take action beyond that which is required by law, and we will not incur any additional liability or expense.
16 GENERAL CONDITIONS
16.1 If any term or condition of these Terms and Conditions is held to be illegal or unenforceable such provisions shall be severed and the remainder of these Terms and Conditions shall remain in full force and effect unless the business purpose of these Terms and Conditions is substantially frustrated, in which case it shall terminate without giving rise to further liability.
16.2 You may not assign or transfer any of your rights hereunder without our prior written consent. We may assign, transfer or sub-contract all or any of our rights at any time without consent.
16.3 No waiver shall be effective unless in writing, and no waiver shall constitute a continuing waiver so as to prevent us from acting upon any continuing or subsequent breach or default.
16.4 These Terms and Conditions constitutes the entire agreement as to its subject matter and supersedes and extinguishes all previous communications, representations (other than fraudulent misrepresentations) and arrangements, whether written or oral.
16.5 You acknowledge that you have placed no reliance on any representation made but not set out expressly in these Terms and Conditions.
16.6 Any notice to be given under these Terms and Conditions may be given via email, regular mail, or by hand to the address provided through registration via the Customer App.
16.7 Nothing herein shall create or be deemed to create any joint venture, principal-agent or partnership relationship between the parties and neither party shall hold itself out in its advertising or otherwise in any manner which would indicate or imply any such relationship with the other.
16.8 Notwithstanding any other provision in these Terms and Conditions, a person who is not a party hereto has no legal rights to rely upon or enforce the terms of these Terms and Conditions.
16.9 These Terms and Conditions shall be subject to the laws of the Kingdom of Bahrain and the parties shall submit to the exclusive jurisdiction of the Bahraini courts.